| 000 | 01237cab a2200229 4500 | ||
|---|---|---|---|
| 001 | A158 | ||
| 008 | 090401t1992 xxu||||| |||| 00| 0 eng d | ||
| 035 | _a(Sirsi) u27348 | ||
| 041 | _aeng | ||
| 245 | _aEastwood D C v MacTaggart & Mickel Ltd | ||
| 260 | _c1992 | ||
| 350 | _a0 | ||
| 490 |
_aScottish Civil Law Reports _v1992 SCLR 656-661(6) |
||
| 520 | _aCourt of Session. The planning authority (E) appealed against a decision of the SoS for Scotland, made on appeal, granting planning permission to M for a residential development. Conditions were attached to the consent. The ambiguity of the wording of the conditions were at issue. Held, that it was equally ultra vires to impose a condition which was void for uncertainty as to impose one which was absurd and produced a result that was clearly not the one intended. As the condition could not be severed from the planning permission the whole decision had to be quashed; appeal allowed and decision remitted to SoS to consider anew. | ||
| 650 | _aPLANNING CONDITIONS | ||
| 650 | _aPLANNING PERMISSION | ||
| 650 | _aSCOTLAND | ||
| 650 | _aTOWN AND PLANNING (SCOTLAND) ACT 1972 S19 | ||
| 690 | _aPLANNING LAW AND PRACTICE-CASE LAW | ||
| 942 | _n0 | ||
| 948 | _c04/03/1997 | ||
| 999 |
_c18402 _d18402 |
||